Judgment of the Privy Council, Delivered the 19th July (1937) LawGlobal Hub Judgment Report – West African Court of Appeal [Delivered by SIR LANCELOT SANDERSON. ] This appeal is brought from a judgment of the West African Court of Appeal which reversed the judgment of the trial judge Webber CI , who had dismissed the…

John Mark V. Sampson Toe (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Person debarred from seeing for damages, where compensation ordered at criminal trial in respect of same injury—Section 75 of Criminal Code (Gold Coast)—” receipt of oompensation ” judicially interpreted as ” having opportunity to receive “. Held : Court…

James Jackson V. J. M. Cooke (1934) LawGlobal Hub Judgment Report – West African Court of Appeal [Delivered by LORD MAIIGHAIL] This is an appeal from the decision of the West African Court of Appeal pronounced on the 9th May, 1933,” deciding that the action, which had been commenced in a Native Tribunal, was not…

J. M. Kodilinye V. Mbanefo Odu (1935) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for Declaration of Title to land—Question of Non-SuitOrder 39 Rule 1 Supreme Court Rules—Court will not on question of fact interfere with judgment of Trial Judge unless same is perverse or judicial discretion has not been properly…

Inspector-General of Police V. Morlai Kamara (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Application of Summary Jurisdiction Act (11 and 12 Vict. c. 43) to Gold Coast—Matter not properly before the Court because no case stated by Magistrate—Having regard to special circumstances of case Court gives ruling—Crinsinal Procedure in Colonial Courts…

Inspector-General of Police V. Laud Lartey (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Summary trial of offences appropriated for trust with a jury.under section 116 of Criminal Procedure Ordinance—Jurisdiction _to hear such cases summarily or commit for trial given- by sections 17 and 18 of Commissioner’s Ordinance (Cap. 1.3)— Form of…

Hilario Campos V. Omolara Martins (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Case referred and refer. ee’s remuneration fixed—case settled out of Case Court and subsequently struck out—application for refund of stated by referee’s fees struck out—motion to set aside or vary order of Judge of reference—opinion of Court sought. Supreme…

Herbert Flintoft & Ors V. Nana Kwabena Wusu & Ors (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Enquiry into validity of concession—ex facie order—Application for leave to oppose made before final order—Substitution of another application to oppose in representative capacity—Motion adjourned pending determination of Suit concerning interest of Grantors and Opposer…

Hassan Shallabi & Anor V. Rex (1935) LawGlobal Hub Judgment Report – West African Court of Appeal Misdirection of trial Judge in consequence of error CI: stating section of Code under which Accused were tried—Separate sentences should he passed in respect of each count. Held: Convictions quashed. The facts are fully set out in the judgment.…

Georgina Lutterodt & Anor V. Mensah Solomon (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Order of Provincial Commissioner under section 71 ( 1) of Native Administration Ordinance—Must provide for hearing of case by some tribunal—Otherwise it is of no effect as stay or otherwise—Order of Review under section 84 (1) of…